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2025 DAILYLAW 30036 (KAR)

SMT PREMA S POOJARI v. THE STATE OF KARNATAKA

WP/18997/2025 · 2025-07-02

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23718 WP No. 18997 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 18997 OF 2025 (KLR-RES) BETWEEN: 1. SMT. PREMA S. POOJARI W/O SRI. SHANKAR S. POOJARY, AGED ABOUT 60 YEARS, R/AT NO.2/57/2, POSAMARU VILLAGE, IRVATTUR POST, KARKALA TALUK, UDUPI - 574114. …PETITIONER (BY SRI. KIRAN N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNTAAKA VIDHANA SOUDHA BENGALURU - 560001. 2. THE TAHASILDAR KARKALA TALUK, UDUPI - 574104. 3. MR. PRAVEEN, S/O SRI RAMAPPA, AGED ABOUT 35 YEARS, MANAMPADI VILLAGE, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23718 WP No. 18997 of 2025 MULKI TALUK, DAKSHINA KANNADA - 574154. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO.NCRCR47/24-25- 158022 DATED 01.04.2025 ISSUED UNDER THE PROVISION OF SECTION 104 OF THE KARNATAKA LAND REVENUE ACT 1964 BY THE RESPONDENT NO.2 APPENDED VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Sri. Siddharth Baburao, learned Additional Government Advocate accepts notice for respondent Nos.1 and 2. 2. The petitioner herein is assailing the notice dated 01.04.2025 seeking penal action against the petitioner herein in so far as the encroachment said to have been made by the petitioner and accordingly, invoked Section 192A(1) of the Karnataka Land Revenue Act, 1964. - 3 - HC-KAR NC: 2025:KHC:23718 WP No. 18997 of 2025 3. Taking into consideration the fact that the petitioner has not been heard before taking such coercive steps, I am of the view that, the impugned notice dated 01.04.2025 at Annexure- A shall be considered as a show-cause notice to the petitioner herein and the petitioner shall file reply to the same within two weeks from the date of receipt of certified copy of this Order. Upon filing of such reply, respondent No.2 shall take decision in the matter in accordance with law. Till consideration of the reply that may be filed by the petitioner, no coercive steps shall be taken against the petitioner. 4. With this observation, the Writ Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 54